Making America’s Food Safer Act
Latest action (28 Sep 2026): Passed Senate with an amendment by Unanimous Consent.
What this bill does
The "Making America's Food Safer Act" would expand the Food and Drug Administration's (FDA) authority in several areas related to food safety. It would allow the FDA to order the destruction of imported food that is refused entry, violates federal law, and poses a significant public health risk, without allowing it to be exported. The bill also authorizes the FDA to share more food safety information, such as data on illnesses, recalls, and outbreaks, with state, local, tribal, and territorial authorities. Additionally, it would allow domestic food facilities to participate in voluntary third-party food safety audits, similar to foreign facilities, and permit the FDA to use these audit results to help prioritize its regulatory activities.
This bill affects individuals and businesses involved in importing and processing food, as well as federal, state, and local agencies responsible for food safety oversight. Importers of food refused entry may have their products destroyed at their own cost. State and local health authorities could receive more detailed food safety information from the FDA, and domestic food facilities could use voluntary audits to demonstrate compliance.
The bill was introduced in the Senate and has passed that chamber with an amendment. It will now proceed to the House of Representatives for consideration.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
Making America's Food Safer Act
This bill expands the Food and Drug Administration’s (FDA’s) authority to require the destruction of unsafe imported foods, share food safety information, and make use of food facility audit information.
Specifically, the bill authorizes the FDA to order the destruction, without the opportunity for export, of any item that (1) is refused import into the United States; (2) violates federal law regulating food, drugs, medical devices, cosmetics, and tobacco products; and (3) presents a significant public health concern. Before issuing a destruction order, the FDA must provide an item’s owner or consignee with appropriate due process, including notice and an opportunity to appear. If an order is issued, the item’s owner or consignee must destroy it within 90 days at their own cost.
The bill also generally authorizes the FDA to share unredacted food safety information with state, local, tribal, and territorial authorities, including information related to foodborne illness tracking, recalls and outbreaks, and other topics. During a food safety incident, the FDA may disclose certain commercial information that is otherwise protected from disclosure.
Finally, the bill expands the FDA’s third-party audit system to make domestic food facilities eligible for voluntary audits. (Foreign facilities are eligible under current law.) The bill also authorizes the FDA to use audit results and related certifications to analyze risks and prioritize regulatory activities (e.g., inspections) to protect public health. (This information is currently used to determine whether specific food, or food from a specific facility, is eligible for import.)
Timeline
28 Sep 2026
Passed Senate with an amendment by Unanimous Consent.
22 Jul 2026
Committee on Health, Education, Labor, and Pensions. Ordered to be reported with an amendment in the nature of a substitute favorably.
Common questions
- What does S. 4974 do?
- The "Making America's Food Safer Act" would expand the Food and Drug Administration's (FDA) authority in several areas related to food safety. It would allow the FDA to order the destruction of imported food that is refused entry, violates federal law, and poses a significant public health risk, without allowing it to be exported. The bill also authorizes the FDA to share more food safety information, such as data on illnesses, recalls, and outbreaks, with state, local, tribal, and territorial authorities. Additionally, it would allow domestic food facilities to participate in voluntary third-party food safety audits, similar to foreign facilities, and permit the FDA to use these audit results to help prioritize its regulatory activities. This bill affects individuals and businesses involved in importing and processing food, as well as federal, state, and local agencies responsible for food safety oversight. Importers of food refused entry may have their products destroyed at their own cost. State and local health authorities could receive more detailed food safety information from the FDA, and domestic food facilities could use voluntary audits to demonstrate compliance. The bill was introduced in the Senate and has passed that chamber with an amendment. It will now proceed to the House of Representatives for consideration.
- Has S. 4974 become law?
- Not yet. As of 28 Sep 2026, S. 4974 is passed senate (house next).
- Who sponsored S. 4974?
- S. 4974 was sponsored by Sen. Tommy Tuberville [R-AL] (Republican-AL), with 2 cosponsors.
- What's the latest action on S. 4974?
- Passed Senate with an amendment by Unanimous Consent. (28 Sep 2026).
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